L'économie informelle

CHAPTER I :

ABUSES RESULTING FROM THE EXERCISE FROM

ABSTRACT ECONOMY

The key concepts in connection with the abstract economy will be elucidated throughout the developments which follow. This step is binding on us because, as Emile Durkheim notes it :  « Actually, the words of the usual language, as the concepts which they express, are always ambiguous and the scientist which would employ them such as it receives them use and without their making undergo of another development would expose itself to most serious confusions ^(14(*)).

The theoretical clarification of these elements will enable us to draw up relationship, to make connections and bringing together between them, i.e. to examine these realities up to what point are supplemented or excluded in order to align suggestions able to make safe at the same time the rights of the authorities and those of the people who deliver to the exercise activities known as abstract. This analysis will be done by juridically describing the abstract economy (section 1) by showing its characteristics (section 2) followed consequences which it generates (section 3).

Section 1. Legal description of the abstract economy

Paragraph 1. Definition of the abstract economy

Since the International Labor Organization published his report on the employment picture in Ghana and Kenya in 1972, identifying for the first time a type of activity of work which corresponded neither to the activities of the «traditional» sector nor to those of the «modern» sector of the economy, numbers studies and work was born on what the International Labor Organization called the sector not structured of the economy. These studies made it possible to arrive at a consensus, neither on the manner of calling this phenomenon, nor on that to define it.

In this work, we have instead of the concurrent name of abstract sector chosen abstract the economy term, which was essential the most ^(15(*)) among the various names used in particular by MacGaffey (economy nonformal, underground, abstract sector, marginal sector, abstract economy, sector not regulated of the economy, economy to the black, economy occult, invisible, occults...)^(16(*)). Other authors, H. Jospin, Mr. Lubell and J. Mouly call it sector not structured; A. NR. Bump, K. Binder ^(17(*)), D. Mazumbar and S.V. Sethuraman prefer speech of abstract sector. Mr. Penouil on the other hand proposes the name of sector of transition ^(18(*)).

This choice was justified on the one hand, by the concern of avoiding adding to the determining traditional trilogy known (primary sector, secondary and tertiary) ^(19(*)), a fourth sector which would be the abstract sector. In addition, it is difficult to speak about a quite singular «sector» because of its heterogeneity and the diversity of the activities which constitute it.

Indeed, all the activities of the three traditional sectors are represented there: «Traditional Banks (protective sackings), repair shops, medicine of proximity are côtoient there. From where the embarrassment that test certain intelligences to apply the concept of «sector» has that of the abstract one. An author ^(20(*)) however admits the addition of a fourth sector. Beside the primary sector (basic activity) of the secondary industry (activity of transformation-production) and tertiary sector (activity of production of services), one can add according to the level of development a new classification of the public sector and private sector.

As regards the definitions, there are some as much as studies on this sector. The majority are the generalizations made from what is the «formal one» and indicate a phenomenon which is not a homogeneous reality.

It is under the terms of this design which at the time of its definition of the abstract economy G. Fields will attest that the formal sector by definition is protected by barriers obstructing the access to this sector while the abstract sector is characterized by the freedom of access to its activities ^(21(*)).

The professor Buabua wa Kayembe is of this opinion when there affirms that for a few years, abstract the sector term has become a very used expression but, his use remains marked by the absence of an acceptable definition in a general way. This is why it suggests leaving the definition of the formal sector to try to apprehend the notion of the abstract sector ^(22(*)). For this author, the legislation and the economic regulation into force in our country enact a certain number of obligations for the economic operators. Being particularly the exercise of the trade, the following conditions must be of strict observation: - to be registered with the register of trade; - to be made up in the forms of the commercial law; - to hold a regular and rigorous accountancy; - to preserve carefully and in the order, the files and the inventories; - to have a national identification number; - to be holder of a license (small trade); - to have an inalienable account in deposit in a bank whose amount is fixed by the President of the Republic (foreigners); - etc ^(23(*)).

It gets clear by what precedes that the respect by the economic agent of the aforesaid conditions places it in a regular situation with respect to the forms enacted by the legislator. This is why such a company is in the formal sector ^(24(*)). It is thus obvious that an activity undertaken in margin of light the lata, and who would be withdrawn from control the authorities does not form part of the formal economy, but rather of that known as abstract.

This author let us think we it, makes one of the errors reproached the report/ratio of the international Office of work in Kenya which to define the abstract economy put forward seven points of locations which characterizes it: «accessibility to the activity; the use of the local resources; the family property of the company; the scale of the reduced activity; the use of techniques which privilege the recourse to the labor, qualifications acquired out of the official system of formation, the competitive market and without regulation».

This report/ratio as V.E underlines it. Tokman, presented a defect: it missed the conceptual framework defining the abstract sector. This stage, this one was simply described in opposition to the structured activities of the sector formal and characterized by the impossibility of access to the sources of production and distribution ^(25(*)).

There also exists of definitions known as negative, i.e. those which define it «that is not the abstract sector». Under the feather of G. of Villers we read: » The abstract sector covers the activities carried on more or less in margin with the laws and the official institutions and concerning standards and with the specific values compared to those of modernity; moreover in fact atypical, composite, ambiguous forms cultural underlie practices and institutions indifferent or rebels to the legal and institutional framework formally legitimates " ^(26(*)).

In the same tread, David Turnham, Bernard Salome and Antoine Schwarz affirm that the abstract sector would be only the simple urban transposition of the rural under-employment ^(27(*)).

It is thus very difficult like attested it the participants in the World Conference of Work to work out a synthetic definition, since some are contradicted ^(28(*)).

However, we note that each definition answers to a certain extent with one of the following prospects:

A. Prospect centered on logic for the production of the abstract economy

This prospect considers that the fundamental element of the abstract sector is its logic of production, according to which, the principal objective of the activity is to guarantee the survival of the family group. This logic is different from that of the «formal» sector of the economy whose objective is accumulation ^(29(*)).

The abstract economy thus emerges on the one hand from the existence of a «surplus» of labor which does not find a place in the formal economy: men and women remain with the variation of the urban modern sector; and in addition, of the inequitable distribution of the resources and poverty that this one generates.

B. Perspective centered on its nonlegal character

According to this prospect, the principal characteristic of the abstract economy is its nonlegal character, around whose all its other characteristics are defined. The abstract one is known as not legal because it respects neither the tax payments (it escapes any imposition), neither those of work (overtime, minimum wage, safety, hygiene, regulation relating to fair competition etc), nor other laws in matter social (social security, pension etc).

From this point of view of not - legality, the abstract economy does not emerge from reasons structural but from the existence of a defective tax system as well as «inappropriate» standards and laws. Thus certain recent studies with clear néo-liberal tendency, support that the laws must reflect the context present and conclude that the disordered state of the markets and the reduced presence of the State will allow the integration of the abstract economy in that formal.

Guy Ladreit increases: «The right must remain copied on the interests of the States. But instead of remaining an oligarchical right, establishes by some, although applying to all, and which at the same time the character of a right of confiscation it has must become a right to the definition of which all those take part which will have to apply it i.e. a right of participation» ^(30(*)).

C. Perspective centered on the recent evolution of the organization of work

According to this prospect, the abstract economy is the result of the emergence of new forms of organization of work which bring a new division of the labor.

Let us be all, the abstract economy escapes any evaluation; it is very difficult to define it in a strict way because of diversities of national situations. What one knows it is that it is with the edge of legality does not discharge all its obligations towards the State and the tax department and of this fact even competition in an unfair way the organized circuit ^(31(*)).

After having determined the notion of the abstract economy, let us see now what it is of these characteristics.

Paragraph 2. Characteristics of the abstract economy

In this section, we will treat in turn general characteristics of the abstract economy (paragraph 1) as well as those particular (paragraph 2).

A. General characteristics

In spite of the sour controversy and the lack of consensus on the definition of the abstract economy, the scientists agree on specificities of this saving generally made up in microphone-companies in which prestent a maximum of 10 workers on the one hand in many cases, they are family companies in which the women offer their labor without perceiving wages and where the benefit are controlled by the husband or the man of the house ^(32(*)).

In addition, in these activities, one generally makes recourse to the resources most available, i.e. those local. One privileges there in the same way the intensive use of labor rather than to resort to more expensive technologies. These activities are relatively «invisible». On the one hand, they are subjected to no type of regulation. In addition, they are not entered in the national economy ^(33(*)).

There is of the same consensus not to regard the domestic or reproductive activities as clean with the abstract economy.

Indeed, according to the report/ratio of the C.M.T, the presence of the woman prevails in the abstract one where it carries on for various reasons the activities suitable for the responsible production work while remaining exclusive reproductive work. This situation concludes the report/ratio is common to that of the woman who carries on a formal activity ^(34(*)). The punishable or criminal activities are not regarded either as belonging to this sector ^(35(*)) because illicit.

After having shown the general characteristics of the abstract economy, let us examine now what it is those particular.

B. Characteristic particular

When we analyze the type of activities carried out within the abstract economy, one can perceive how expresses itself, here also the division of the roles: the women carry out the intensive activities in labor, less remunerated or which are comparable with the reproductive activities ^(36(*)).

In the sector of the services, the women generally exert the trades of saleswomen, of small commercial, chambermaids, hairdressers, washing machines, of personnel of service domesticates... The men work primarily in the transport which can be better remunerated ^(37(*)).

On the other hand, in the sector of manufacturing production, the women are minority while they are numerous to work in residence, manufacturing clothing, foodstuffs, etc or to work in subcontracting in small companies or workshops of fortune.

Lastly, in the agricultural sector, the participation of the women is very important. They can become majority even there as in certain African countries, where they combine the activities of other sectors like the sale and the artisanal transformation with the agricultural work. In much of African countries in general and in Democratic Republic of Congo in particular, the women complete especially extremely unstable seasonal work whose principal characteristic is the contract signature at duration limited to one me or even a day.

After having defined the abstract economy and having shown its characteristics, let us pass to its categories of activities like to their contribution to the national economy.

Section 2: Categories and contribution of the activities of the abstract sector

In this section, we present successively the categories of activities which the abstract economy (Paragraphe1) for finally finishing by the appreciation of the contribution contains of the aforesaid activities to the national economy (paragraph 2).

Paragraph 1: Category of activities

This section will have the merit to analyze trinomial activities in fact concerned with the abstract economy: «the primary sector, secondary and tertiary».

A. The primary sector

The primary sector is that which includes/understands the activities close to nature. It is consisted of the producing economic activities of raw materials, in particular agriculture, fishing and the mines.

The susévoquées activities are known as economic activities of survival insofar as they make it possible the family grouping to be maintained in life in an urban environment where the capacity of employment limited of the formal sector as well as the reasonableness of treatment which it grants do not make it possible to solve the daily needs.

Let us underline nevertheless, that these activities carried on journalièrement are, because badly organized, considered with bottoms of the range, precarious, not protected and little developed. Consequently, they can only with difficulty contribute to the reduction of poverty and social exclusion. In spite of the impact that they can have on the improvement of the standard of living of certain layers of the population, they cannot at present claim to upwards draw the unit from the economy.

Nevertheless, that does not prevent us from analyzing some one of the activities included/understood in this sector.

1. Agriculture

Although regarded as priority of the priorities, although it offers real potentialities; agriculture occupies only one place very reduced in the Congolese economy. The use of the inappropriate techniques, the lack of adequate instruments of work as well as the rarefaction of the rains due in particular to the anarchistic deforestation make that the production of the principal food crops : « the cereals, the manioc, the potato, the coffee, cotton, the banana, the cane with sugar, etc are falling.

The activities of the primary sector being close to nature, their enumeration proves to be nonexhaustive. It includes inter alia fishing and the breeding which we clarify below.

2. Fishing

Fishing only can with it, to make safe the economic health of the country because the DRC lays out of one of the full of fish Lakes of the world in occurrence Tanganyka. But unfortunately its potential is used only to 10 and 40% ^(38(*)). Having the full of fish lake of Africa, this activity can with it only make safe the economic health of the country. But unfortunately, it until is today undertaken in a traditional way because the required objective remains survival and not accumulation.

3. The breeding

This reasoning mutatis-mutandis applies to the other activities in fact the breeding whose potential capacities vary between 30 and 40 million bovines with a load cattle of 1/6 to 1/12 during all the year ^(39(*)).

In short, the aforesaid activities continue to be confronted with the inorganization of the collection and the difficulties of routing towards the cities.

It is accordingly that Lacroix estimates that the creation of transportation routes intended to break the bulk-heading of the markets must take precedence over the encouragement of the agricultural productivity ^(40(*)). Moreover, they remain insufficient vis-a-vis the needs growing for the domestic market characterized by the recourse unceasingly to the importation. This situation is calamitous in measurement or it undermines the process of development economic. What happenhappens then extractive activities ?

4. Extractive activities

Of entry of play, it sied to stress that qualified geological scandal, the Democratic Republic of Congo (DRC) is one of the countries whose basement abounds a multitude in precious substances.

Thus, following the example liberalization of the trade in the basin of Congo intervened in 1885 ; that of the artisanal exploitation of the precious substances will be proclaimed ^(41(*)). This freedom goes to long being transformed into libertinage insofar as, a myriad of individuals going from the intellectual to the man in the street, of the national abroad work there in all impunity and this, with the contempt of any legislation and regulation on the matter.

The poverty of the nationals made that the mining richnesses (diamond, cobalt, gold etc) were sold off the abroads. Moreover, the latter did not carry out the repatriation of currencies at the Central Bank and this, by its own disorganization. The country was thus deprived of the new capital however useful for its development.

Currently this field is so much would be reorganized little by the effective application of prohibition for the foreigners to reach in the mining zones. In spite of this light improvement, the extractive branch of industry allows the handle of individuals who work there to have an overflowing income the simple framework of survival. But the absence of culture of saving and investment make that the major part of the population patauge in the utter destitution.

The extractive activities constitute one like gains considerable bread for their authors those of the secondary industry which we will approach in the lines which follow.

* ⁽¹⁴⁾ DURKHEIM E., the suicide, Paris, PUF, 1973, p.1.

* ⁽¹⁵⁾ LAUTIER B., «abstract Economy: solution with the problem» in books of the social sciences, n° 50, 1995, p. 26. In the same order of idea cf International Confederation of the Free Trade unions (CISL), Geneva September 10-13, 2001.

* ⁽¹⁶⁾ MACGAFFEY J., One manages: reflection on the second economy in Zaire, Karthala Edition, Paris, 1993, p. 144.

* ⁽¹⁷⁾ It is the first to pronounce abstract the sector term in 1971 before this one is not popularized by the report/ratio of the ILO on Kenya in 1972. Cf TURNHAM D., SALOME B., SCHWARZ A., News approaches of the abstract sector, OECD, Paris, 1990, p.13.

* ⁽¹⁸⁾ MILANDU Mr., the dynamics of the abstract sector: The case of Congo, in African review of social and human sciences, CERDAS vol. n°1, July 1990, p. 94.

* ⁽¹⁹⁾ DEREK W. BLADES, DEREK D. JOHSON and alii, In their work: The sector of services in the DEVELOPING COUNTRIES, OECD 1974 p.12-13 speak about 3 sectors: «agriculture Industry, services».

* ⁽²⁰⁾ Idem, p. 94.

* ⁽²¹⁾ FIELDS G. quoted by THOMAS J.J., Synthesis of the observations and the debate: methodology and the theory in New approaches of the abstract sector, OECD, Paris, 1990, p. 103.

* ⁽²²⁾ BUABUA wa KAYEMBE, taxation of the abstract economy in Zaire, PUZ, 1995, p. 10.

* ⁽²³⁾ Idem, p. 11, In this logic, lira also DUQUESE B. and MUSYCK, the abstract sector in Africa: theoretical approach of case borroms-sarrettes of zinguinchor, UCL, 1986, p.4 and 5.

* ⁽²⁴⁾ BUABUA wa KAYEMBE Ibidem, p. 16.

* ⁽²⁵⁾ TOKMAN E. the abstract sector in Latin America: Fifteen years afterwards in New approaches of the abstract sector, OECD, Paris, 1990, p. 111.

* ⁽²⁶⁾ G. VILLERS quoted by MBAYA Mr. and FRIENHELM S., abstract Sector in Congo-Kinshasa, Strategy for an endogenous development, University Editions African, Kinshasa, 1999, pp. 35-36.

* ⁽²⁷⁾ TURNHAM D., SALOME B., SCHWARZ A., News approaches of the abstract sector, OECD, Paris, 1990, p. 13.

* ⁽²⁸⁾ Kind and abstract sector, World Confederation of Work, July 2, 1999.

* ⁽²⁹⁾ In the same way, lira BROWN O., the elephant and ants the State and small commercial activities ", in popular Economy and phenomena in Zaire and in Africa, Brussels n° 3-4, 1992 p. 195. Resolution n° 15 of the International Conference of the Statisticians of the Work of January 28, 1993.

* ⁽³⁰⁾ LADREIT G., quoted by PACE VIRGILE, OMC and reinforcement of the legal regulation of trade, the harmathan, Paris, 2000, p. 209.

* ⁽³¹⁾ Cf Declaration of Interlaken, Switzerland, September 10-12, 2001.

* ⁽³²⁾ In the same order of idea, lira: SETHURAMAN quoted by FIELD G.S.: The modeling of the labor market and the urban abstract sector, LAUTIER B., abstract economy in the Third World, ED. the Discovery Paris 1994 p. 13-14, BROWN O., op.cit, HAROLD LUBELL, the abstract sector in the Eighties and Nineties, p. 13.

* ⁽³³⁾ To read MILADOU Mr., the dynamics of the abstract sector: The case of Congo, in African review of social and human sciences, CERDAS vol. n°1, July 1990, p.95. To also consult the report/ratio the ILO, Employment in comes and equality: With strategy for increasing productive employment in Kenya 1972.

* ⁽³⁴⁾ See Kind and abstract sector, World Confederation of Work, July 2, 1999.

* ⁽³⁵⁾ To read KIONI KIA BANTU TOMASIKILA, Of the concept hold-all abstract sector towards two new concepts: tradi-modern economy and clandestine economy, in African review of social and human sciences, CERDAS vol. n°1, July 1990, p. 82. The resolution about the abstract economy in the French-speaking countries is also of this opinion when it recommends to take care not to identify the abstract economy with the fraudulent economy, to see Document ordinary n°66 XXV° session (Ottawa July 05-08, 1999).

* ⁽³⁶⁾ Kind and abstract sector, World Confederation of Work, op.cit.

* ⁽³⁷⁾ Idem.

* ⁽³⁸⁾ In the same spirit, lira BABI MBAYI, autocentrée Industrialization and economic development of the Democratic Republic of Congo, CEPI, Kinshasa 1999 p. 156-157.

* ⁽³⁹⁾ National Programme of Revival of the agricultural sector, Kinshasa the 27-02-1997, p.87.

* ⁽⁴⁰⁾ LACROIX J.L., Industrialization of Congo, in book Economic and Social, Flight. IV, n°4, 1964, p.123.

* ⁽⁴¹⁾ Exposed reasons for the O.L n°82-039 of the 05-12-1982 bearing liberalization of the artisanal exploitation of the precious substances.